New York criminal courts are dedicated to serving justice that is both accurate to the law and consistent with previous court decisions, but sometimes a criminal appeal is necessary to correct errors of justice. The legal system of the United States has created a method of seeking justice when the justice system fails, allowing the wrongfully convicted to seek legal remedies for issues like ineffective counsel, misconduct of prosecutors, and the revelation of new evidence. The New York appellate courts provide means for convicts to correct errors of law in their trials, though they often require a specialized attorney.
However, appellate law is incredibly complex and often confusing. The criminal appeals process looks drastically different from the trial process, with its own rules and principles. Why do you need a specialized attorney for criminal appeals? A specialized criminal appeals attorney can help navigate these new challenges with extensive experience in the appellate courts and in-depth knowledge of New York law. An attorney may also understand how to apply the law effectively for your unique circumstances.
Consider speaking with a skilled New York criminal appeals attorney from The Law Office Of Benjamin Greenwald today for an evaluation of your case. Call now at (845) 567-4820 for more information.
What is a Criminal Appeal?
A criminal appeal is a legal right granted to those convicted of crimes in the United States. In essence, it is the right to have a case reviewed by a higher court to ensure the decision is legally sound and in agreement with past court decisions. After a criminal trial, if the defendant is found guilty, they can request that the case be reviewed by a higher court. This is a criminal appeal. However, the prosecution can not appeal a not guilty verdict, according to the United States Courts. Criminal appeals are specifically designed to provide relief for those convicted with a guilty verdict, though there are some circumstances in which either side of the case may appeal sentences after a guilty verdict.
How Are Appellate Courts Different From Trial Courts?
A specialized attorney who understands criminal appeals will inform their clients of the many differences between the appellate courts and the trial courts. Many people assume that a criminal appeal is simply a reiteration of the trial with better attention to detail. This is not the case. Legal processes in the court of appeals in New York are completely different from those of a trial court. This means that an effective trial lawyer may struggle to present an effective appeal, despite their competence in the lower courts. A specialized attorney is often recommended from New York criminal appeals, as their additional training and experience allow them to effectively navigate the new territory of a criminal appeal.
For more detailed information, speak with a specialized attorney from The Law Office Of Benjamin Greenwald today about your criminal appeal.
Legal Basis
The legal basis of a criminal appeal is different from that of a trial case. Trial cases are born out of disputes between two parties. When two parties cannot agree on how to resolve an issue, they present their case to the courts. This gives rise to the myriad of common court cases, like personal injury, contract disputes, and even criminal law. However, an appeal is not based on a dispute, but a presumed error of law, similar to a writ of coram nobis. This means that personal disputes are not intrinsic to an appeal as they are in a trial case, giving precedence to the legal minutiae.
Court Process
Additionally, the court process for appeals is different from the trial courts. While trial court cases typically consist of oral arguments and the presentation of facts to a judge and jury, appeals generally involve written briefs that present the court error to a judge for review. This means that most criminal appeals do not typically involve the presentation of new ideas, evidence, or arguments. The substantial parts of a criminal appeal involve displaying the error of the trial courts, not arguing the case.
Why You Should Work with a Specialized Attorney
A specialized attorney with experience in criminal appeals is highly recommended for those seeking legal remedies for an unlawful conviction. Due to the dramatic differences between the trial and appellate courts, most would recommend a specialist in the field. Criminal appeals attorneys understand the legal nuances of the courts of appeals and can help apply their understanding of New York law to your case. Consider speaking with a specialized attorney in criminal appeals about your case.
Frequently Asked Questions
Listed below are several frequently asked questions regarding specialized attorneys for a criminal appeal.
Can I Appeal a Criminal Case in New York?
Yes, the defendant can appeal a criminal case in New York and seek multiple post-conviction remedies in the event of an unlawful conviction. Criminal appeals are the right of all convicts, and there are few circumstances in which this right does not apply. However, the decision of the appellate courts is generally final, which means that if a court of appeals affirms the conviction, there are very few legal remedies remaining.
What Are the Grounds for a Criminal Appeal?
A criminal conviction cannot be appealed simply because the defendant is unhappy with the results of the case. The courts of appeals, according to the American Bar Association, exist to correct errors of law. This means that the grounds of criminal appeals include ineffective assistance of counsel, the misconduct of the prosecution, errors in the court process, misapplication of the law, or other similar grounds.
Are Criminal Appeals a Constitutional Right?
No, criminal appeals are not a constitutional right, though there are several constitutional rights that may apply to the process of a criminal appeal. According to the Cornell Law School Legal Information Institute, the 14th Amendment that governs due process in the courts may influence the process of a criminal appeal.
Speak with a New York Criminal Appeals Lawyer Today
Criminal appeals are complicated. While a trial can be time-consuming, frustrating, and expensive, an appeal can take these issues and amplify them tenfold. Additionally, an appeal is often the last resort for a convict seeking legal remedies. This means that the success of the appeal is often paramount, having an impact on the rest of the individual’s life. In these high-pressure situations, having an experienced and specialized attorney can make all the difference. Schedule a consultation with a New York criminal appeals attorney from The Law Office Of Benjamin Greenwald today. Call the office at (845) 567-4820 to learn more about your legal rights.
